TN 5 (12-92)

Citations:

Section 205(c)(5)(H) of the Social Security Act

Social Security Act, as amended by P.L. 101-239.

A. BACKGROUND

P.L. 101-239 (Omnibus Budget Reconciliation Act of 1989) enacted 12/19/89 permits SSA to correct an E/R at any time if the amount of wages reported by an employer is less than the correct amount.

B. POLICY

SSA will usually not search for cases in which the amount of wages reported by an employer is less than the correct amount, but will review any case brought to its attention. Evidence presented to SSA by the claimant is considered bringing it to SSA's attention.

The AERO process will automatically take care of those cases involving an increase in benefits. Because there is no automatic way to determine if insured status may now be met, such a case will have to be brought to our attention by the claimant. If the claimant presents the evidence or asks about an employer reported change, assume he/she wants us to review the file.

C. PROCEDURE

1. Correct the E/R

In all cases, if an employer reports or an individual presents evidence showing that the earnings previously reported were less than actually paid, credit the E/R with the higher correct amount of wages at any time.

In claims cases, review the claims file to determine if the change in the record will result in either an increase in benefit amount or in a reopening and revision of a denial.

2. Effective Date

Consider this a change of position and pay benefits no earlier than 12/89. In a change of position, reopening is permissible only under the one-year rule. See GN 04040.030B. for increasing the benefit amount when reopening under the one- year rule is not permissible.

D. REFERENCES

1. Change of Position

See GN 04001.100.

2. Change of Statutory Provision

See GN 04001.110.